by Matthew Wadsworth “If I had a world of my own, everything would be nonsense. Nothing would be what it is, because everything would be what it isn't. And contrary wise, what is, it wouldn't be. And what it wouldn't be, it would. You see?” – Lewis Carroll, Alice’s Adventures in Wonderland & Through the Looking-Glass. My first court experience while cutting my teeth at Lundberg & Associates was the Read More
Advice for Dads When Fighting for Child Custody
If you’re a father looking to obtain joint or sole custody of your child or children, you are likely in need of some high-quality counsel—this can be an extremely stressful time, to say the least. When it comes to child custody battles, there is a lot of conflicting information out there, but the expert attorneys at Arnold, Wadsworth & Coggins are here to help. If you believe that it is in your child’s or Read More
Pros and Cons of Involving a Lawyer in Your Divorce
Divorce is often a stressful and unhappy experience for both the partners and other members of the family. If not handled properly, financial, legal and emotional consequences of the process can impact the rest of your life. You and your partner should, therefore, take time to understand and interpret the laws correctly and consider all the aspects while making these important decisions. This is especially true when Read More
Utah Supreme Court Update, Baird v. Baird, March 7, 2014
INTRODUCTION The Utah Supreme Court decided Baird v. Baird on March 7, 2014. In this case, the Court clarified the approach to determining whether a party has suffered “emotional distress” for purposes of obtaining a stalking injunction. Proof of the element of emotional distress is necessary to obtain a stalking injunction under Utah’s Stalking Statute. The Utah Supreme Court vacated and remanded the district Read More
Alimony Case Law Update 01/30/2014, Kidd v. Kidd and Allen v. Allen
UPDATED: January 30, 2014 Kidd v. Kidd, 2014 Utah App 26 Below is a synopsis of the recent Utah Appellate Court ruling in Kidd v. Kidd. Although, at a glance the district appeared to make a number of decisions that were unfounded or in deviation of proper legal standards, the Appellate court found that the District Court actually considered the evidence in totality and gave a significant amount of credits to the Read More
Fault and Alimony in Utah Divorce
Fault and its effect on divorce is always a hot topic. We have a lot of our divorce clients that ask our family law attorneys about the effects of fault in their divorce. Usually, these questions revolve around infidelity, or alcoholism. This question can also be related to drug use, and/or a history of abuse. Utah recently enacted legislation that defines fault so that the District Courts when assessing fault as it Read More
Parental Kidnapping Prevention Act | PKPA
The family law lawyers at Arnold, Wadsworth & Coggins understand that every custody situation can be very stressful. At Arnold, Wadsworth & Coggins Attorneys, we pride ourselves on educating our clients in hopes that they will be a part of the process as much as possible when it comes to making major decisions concerning custody. Parental Kidnapping Prevention Act | PKPA In 1980, Congress enacted PKPA which Read More
10 Mistakes made in Divorces
There are ten (10) mistakes that are commonly made when going through a divorce in Utah. These mistakes made in a divorce can be mitigated or avoided. As all divorce lawyers know, we are biased, we think you always need a divorce attorney. The simple reason for this is because there is a lot at stake in your divorce. The divorce lawyers at Arnold, Wadsworth & Coggins offer a free consultation and we will go over Read More
“Holding Harmless” on Marital Debts
It is not necessary for you to prove actual damages for your spouse to be held in contempt or for damages. If you have a divorce decree you likely have language requiring one spouse to hold harmless the other from a debt obligation. This often comes up when fighting over the house. Whichever, spouse gets the house will likely be held responsible for the mortgage and be required to refinance the house within a period Read More
Woolums v. Woolums 2013 UT App 232
Woolums v. Woolums 2013 UT App 232 Evidence necessary to prove expenses for Alimony The appellate court reiterated that rule in Utah that a party need not provide documentation to substantiate every part of his or her financial declaration and/or needs. This court has disavowed the notion that “standard of living is determined by actual expenses alone.” Howell v. Howell, 806 P.2d 1209, 1212 (Utah Ct. App. 1991). The Read More
